Working from home gets complicated | GTAMotorcycle.com

Working from home gets complicated

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nobbie48

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A YouTube video by Steve Lehto has looked at whether a person working from home can claim for injuries. Apparently a court in Germany said yes to a guy that fell on his stairs injuring his back.

Apparently there are a lot of factors. Was he wearing pajamas? Was he going for breakfast, etc.

Life used to be so simple.

Here a civil servant had stopped too far away from the key station for the office underground parking and opened the car door to reach the garage opener. Her foot slipped off the brake, her car door hit the post and the door hit her in the head.

It was determined that the car had entered work space and it was workplace related. Her recovery was on the taxpayer.

Not WFH but a cottager in Muskoka had a plumbing service call and the guy got a flat on his way to the site. The cottager had to pay for the tire.
 
nobbie48 said:
A YouTube video by Steve Lehto has looked at whether a person working from home can claim for injuries. Apparently a court in Germany said yes to a guy that fell on his stairs injuring his back.

Apparently there are a lot of factors. Was he wearing pajamas? Was he going for breakfast, etc.

Life used to be so simple.

Here a civil servant had stopped too far away from the key station for the office underground parking and opened the car door to reach the garage opener. Her foot slipped off the brake, her car door hit the post and the door hit her in the head.

It was determined that the car had entered work space and it was workplace related. Her recovery was on the taxpayer.

Not WFH but a cottager in Muskoka had a plumbing service call and the guy got a flat on his way to the site. The cottager had to pay for the tire.
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The first one I can understand if it happened while he was actually working from his home. The other two are just as ridiculous as being able to sue for burning your own mouth on hot coffee.
 
nobbie48 said:
Here a civil servant had stopped too far away from the key station for the office underground parking and opened the car door to reach the garage opener. Her foot slipped off the brake, her car door hit the post and the door hit her in the head.
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So much for natural selection.
 
crankcall said:
It’s a problem, I work from home and my house ins would be totally different if I had people come to my workplace for meetings .


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I had an industrial unit in Brampton but also a convenience office at home. No one came to the house but having a phone number and desk here caused grief with my insurer.
 
I always wondered what would happen if I got injured while WFH...rational thought would be that it's my fault...as the employer has literally nothing to do with me in my house...except providing a laptop, monitor and some items like that. But I guess people will try to sue for whatever they can.

What happens if I'm driving b/w sites while on company time? In my own car? As I understand it...I'm responsible and the employer washes their hands. But legally...no clue.
 
mimico_polak said:
............................... What happens if I'm driving b/w sites while on company time? In my own car? As I understand it...I'm responsible and the employer washes their hands. But legally...no clue.
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It was explained to me that, since I was getting paid mileage, I was covered by work insurance if injured while 'driving for them'. That was for personal injuries. My car insurance would need to cover damages. ymmv
 
hdsomeday said:
It was explained to me that, since I was getting paid mileage, I was covered by work insurance if injured while 'driving for them'. That was for personal injuries. My car insurance would need to cover damages. ymmv
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My business insurance covers personal vehicles being used for business with $5M liability and rental car damage up to $75K. I'm not sure where personal injury would land. Can employee sue business to extract money from liability policy? Seems similar to falling down the stairs at home. Company has no control nor knowledge of conditions at your "workplace" but if the German thinking spreads it seems like a logical extension. WSIB can get involved with automobile accidents, if you are found 0% at fault, there is no rate hit for your employer, even 1% at fault and your employer bends over.
 
mimico_polak said:
I always wondered what would happen if I got injured while WFH...rational thought would be that it's my fault...as the employer has literally nothing to do with me in my house...except providing a laptop, monitor and some items like that. But I guess people will try to sue for whatever they can.

What happens if I'm driving b/w sites while on company time? In my own car? As I understand it...I'm responsible and the employer washes their hands. But legally...no clue.
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Lots of questions

First it seems there should be some sort of precedent here. A prudent company would also do an analysis of the risks.

One company I worked for compensated us for using our own vehicles but the vehicle had to be a recent model. SInce I would be working in driving from point to point I would expect to be covered by WSIB.

When you're on the clock and in your car you aren't allowed to smoke because it's your workplace.

I don't see why a home office would be different. If the Ministry of Labour inspects away from home work places it seems a home workplace would be treated similarly.
 
It is indeed complicated... Lots of unintended consequences, but...
Rest assured eventually WSIB will figure out how to deny claims and insurance companies will figure out how to make lots of money out of it.
 
Hack said:
It is indeed complicated... Lots of unintended consequences, but...
Rest assured eventually WSIB will figure out how to deny claims and insurance companies will figure out how to make lots of money out of it.
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How does it affect a contract worker working from home?

A few BMW's are going to get paid for before this gets resolved.
 
nobbie48 said:
How does it affect a contract worker working from home?
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No idea, but I imagine it's different because contractors aren't "employees"...
I'm not a labour lawyer nor did I sleep at a Holiday Inn last night.
 
With regards to your personal vehicle. I have to visit the Construction sites for my type of work. Even though it may be only once or twice a month and the mileage is usually very low. Say 50 kms per month. I was advised the best way to protect yourself if somethong happens to you while on company time in your personal vehicle. Is to make sure you are covered under your vehicles insurance policy. I have coverage for business use up to 5,000 kms. The lowest I could pick even though the most I would do is 500kms. But this covers me and my car if something would happen on the way or at the site. This way if the insurance company asks were you working at the time. I have no concerns about it. Fully covered.
I believe the rate increase was very minor. Maybe $80 a year more. Mileage expense covers it easily.
WFH coverage and WSIB claims. Now thats interesting. Never even thought about it. I wonder if your home insurance policy would cover it first.
 
250R-ICE said:
With regards to your personal vehicle. I have to visit the Construction sites for my type of work. Even though it may be only once or twice a month and the mileage is usually very low. Say 50 kms per month. I was advised the best way to protect yourself if somethong happens to you while on company time in your perspnal vehicle. Is to make sure you are covered under your vehicles insurance policy. I have coverage for business use up to 5,000 kms. The lowest I could pick even though the most I would do is 500kms. But this covers me and my car if something would happen on the way or at the site. This way if the insurance company asks were younworking at the time. I have no concerns about it. Fully covered.
I believe the rate increase was very minor. Maybe $80 a year more. Mileage expense covers it easily.
WFH coverage and WSIB claims.Now thats interesting. Never even thought about it. I wonder if your home insurance policy would cover it first.
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This sounds like just another way for insurance to get more money out of us. What you describe sounds to me like a typical driving to work scenario, since it's not your business, and you're not carrying passengers (for profit). Further, shouldn't your company be covering you if they require you to drive your own car on company time?
 
In may case I would get expensed for the mileage of going to the job site. The expense is supposed to cover the insurance, gas, wear and tear associated with the business travel. It works out in the end.
An example of when things could get complicated. A coworker went to a jobsite. His car was totaled by a dumptruck backing into his car while parked at an approved location. Site trailer. His insurance was fighting the claim as soon as he explained he was using his car for work related purpose. Even though the Contractors insurance is supposed to cover the claim. It just became an insurance nightmare.
 
250R-ICE said:
In may case I would get expensed for the mileage of going to the job site. The expense is supposed to cover the insurance, gas, wear and tear associated with the business travel. It works out in the end.
An example of when things could get complicated. A coworker went to a jobsite. His car was totaled by a dumptruck backing into his car while parked at an approved location. Site trailer. His insurance was fighting the claim as soon as he explained he was using his car for work related purpose. Even though the Contractors insurance is supposed to cover the claim. It just became an insurance nightmare.
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One of the key things about talking to insurance is HOW you say certain things. Driving your car TO work is a lot different from driving your car FOR work.
 
Relax said:
One of the key things about talking to insurance is HOW you say certain things. Driving your car TO work is a lot different from driving your car FOR work.
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True. But it doesnt take much for the insurance company to figure out you were using your vehicle for business related purposes and find cause to not only deny a claim but cancel your policy. Their priority is cover themselves and find any way out to paying anything. For the minimal premium increase. Its peace of mind.
 
Relax said:
One of the key things about talking to insurance is HOW you say certain things. Driving your car TO work is a lot different from driving your car FOR work.
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I started getting 10% lower rates when an insurance agent friend had the listing of my service van changed from contractor to artisan. A contractor is seen as racing from job to job where an artisan goes to a site for the day. Artisan sounds more dignified as well.
 
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I use my vehicle for work , I pay about 15% more , but if I get hit at 2pm in Kitchener , when I work in Burlington and live in Oakville , there is zero discussion about what I was doing in Kitchener at 2pm.
I have zero interest in saving $150 a year and arguing about a $50k vehicle.
 
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